Arrangements for children after divorce or separation

Living arrangements for children after a divorce

After a divorce or separation, negotiation around child living arrangements can be strongly emotive for both parents, so a solicitor may be required. If the court becomes involved, its primary consideration when reviewing the proposed living arrangements for children following separation is their welfare. The court’s aim will be to keep disruption to a minimum and ensure children maintain a good relationship with both parents.

Every situation is different, so we will work with you to find the right solution for you. Alternative arrangements may be required in particularly complex situations, especially if there’ss evidence of historical domestic violence or abuse. Parents often raise concerns when child arrangement decisions are made without fair consultation with the other parent.

Often, even after negotiation, parents fail to agree on who should be the child’s main caregiver. There can be disputes regarding how often the children should see each parent, who they holiday with, whether children are permitted to leave the UK, or when a parent changes jobs and has to move house. We offer legal advice to many families with regard to all these scenarios. Our lawyers will take into account crucial considerations during negotiations, for example the impact on a child’s education if their school is closer to one parent than another. If required we can apply to the court and attend a family court hearing if mediation is failing.

It tends not to be in the children’s long-term interests if one parent denies the other parent contact with them. Following a relationship breakdown, how a child or children will be provided can be a major concern. It may be necessary to apply to the courts if parents cannot agree about children’s living arrangements after divorce if mediation fails.

Impact on children upon divorce or separation

If you are separating Aramas International Lawyers encourages you to take a child-centered approach. Going forward, both parents must consider how they can work together to care for their children.

Each parent has a different style of parenting, so agreement is not always possible. There are often differences of opinion regarding how children should be looked after, and around arrangments on how and when an absent parent should see them. A collaborative approach to separating families will provide the best outcome for children, since this will minimise the effects of divorce.

Family Court and CAFCASS

Controversial child arrangements (contested child arrangements) can turn out to be highly costly and lengthy.

When deciding who should care for a child or children, the courts will look at several factors, including:

The court can ask a child what their feelings are. CAFCASS officers are the court’s welfare officers and they will speak to both parents and the child, if the child is old enough. After this, the CAFCASS officer will prepare a report with their recommendations on what are the most suitable child arrangements.

Contested court proceedings come with obvious disadvantages, not least because the process can be long, expensive, and emotionally draining.  CAFCASS reports should ideally be produced within 8-12 weeks, however investigations invariably take longer. An independent social worker can often produce the same report more quickly, but at a much higher cost.

In most cases, a Judge or Magistrate follows the recommendations made by the CAFCASS officer or independent social worker. There’s usually a short hearing following the report duriing which parents can reflect on the report in order to reach an agreement. If they can reach an agreement at this stage there will be no need for a final, contested hearing.

Child Arrangements orders can manage where a child lives, and include contact arrangements for non-resident parents.